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John Swimmer
Milwaukee, Wisconsin
Cherokee Indian attorney with 14 years experience representing tribes, tribal members, and companies doing business with Indian Tribes
Interests: Tribal sovereignty, finance, gaming, and issues related to those doing business with tribes
Recent Activity
Please read the following post courtesy of Turtle Talk discussing Paul Ryan's indian affairs vote. http://turtletalk.wordpress.com/2012/08/15/paul-ryans-indian-affairs-votes-in-111th-and-112th-congresses/ Continue reading
Posted Aug 15, 2012 at swimmer Indian law blog
Penn State will pay a $60 million fine over the course of the next five years but none of it will go to the victims. This money will go to pay for programs for the detection, prevention and treatment of child abuse. But none of it will go to pay... Continue reading
Posted Jul 24, 2012 at swimmer Indian law blog
2011AP364 Koscielak v. Stockbridge-Munsee Community This case examines whether tribal sovereign immunity bars a state law tort claim arising from a slip-and-fall incident and the proper legal standard involved in guiding that analysis. Some background: On Feb. 22, 2008, Robert Koscielak sustained injuries when he slipped and fell on ice... Continue reading
Posted Jun 28, 2012 at swimmer Indian law blog
On June 18, 2012, the Supreme Court ruled 8-1 that David Patchak, an individual, has standing and can file suit against the government's decision to take land into trust on behalf of a Native American tribe. The court offered no conclusions regarding the merits of Patchak's case; it simply allows... Continue reading
Posted Jun 20, 2012 at swimmer Indian law blog
A brief discussion about Coalition to Defend Affirmative Action v. Brown and the death of affirmative action Continue reading
Posted Apr 2, 2012 at swimmer Indian law blog
Host's Message: Attorney John Swimmer of Swimmer Law and member of the Milwaukee Bar Association will be on hand to give you a legal update about business and business development. This is a great opportunity to g... show more » What: Ask a Lawyer Where: Marketplace BID Office 2347 West... Continue reading
Posted Nov 3, 2011 at swimmer Indian law blog
Please show up and protest this workshop: Federal/State Indian Policy Briefing Workshop …Recent Rulings & Events in Federal Indian Policy And their impact upon Wisconsin DATE: Monday, October 31, 2011 TIME: 10:30 AM – 12:30 PM LOCATION: CAPITOL BUILDING RM. 415 NW Madison, WI WHO SHOULD ATTEND: State Legislators, legal... Continue reading
Posted Oct 26, 2011 at swimmer Indian law blog
The Cherokee Nation filed a motion to dismiss the lawsuit by the Freedmen against the Cherokee Nation for failing to name a necessary and indispensable party. The indispensable party is the Cherokee Nation because they are a sovereign Indian Nation they cannot be forced to become a party to this... Continue reading
Posted Oct 3, 2011 at swimmer Indian law blog
Yesterday, the NY Court of Appeals decided People v. Owen Steward. In Steward, the NY high court overturned the defendant's robbery conviction because the trial court failed to identify prospective jurors by name, initials or panel number and only allowed defense counsel 5 minutes to conduct voir dire on each... Continue reading
Reblogged Aug 24, 2011 at swimmer Indian law blog
TAHLEQUAH, Okla. — Federal officials have ruled that a Tahlequah casino operated by the United Keetoowah Band Indian tribe is not on Indian land, referring the matter to state officials for possible action. The casino has been operating for 20 years while the question of its legal status remained tied... Continue reading
Posted Aug 17, 2011 at swimmer Indian law blog
California Gov. Jerry Brown has signed a compact with the Pinoleville Pomo Nation that will allow the tribe, located in Mendocino County, to develop a $50 million gambling property, featuring a 90,000-square-foot casino with up to 900 slot machines and a 72,100-square-foot hotel. Under the compact, the tribe will use... Continue reading
Posted Aug 11, 2011 at swimmer Indian law blog
I highly recommend the HBO documentary Hot Coffee. This is an excellent discussion of the civil justice system. The most interesting part to me was the manipulation of State judicial elections. This is particularly relevant given the current state of the Wisconsin Supreme Court. This documentary tries to explain how... Continue reading
Posted Jun 28, 2011 at swimmer Indian law blog
Feds ditch rule that foiled Indian tribes’ plans for off-reservation casino in Catskills By Associated Press, Published: June 14 ALBANY, N.Y. — The Obama administration announced Tuesday it has rescinded a rule that blocked Indian tribes from building casinos far from their reservations, reviving hopes among local officials for casino... Continue reading
Posted Jun 15, 2011 at swimmer Indian law blog
The U.S. Supreme Court v. Jicarilla Apache Nation in what can only be described as a trust diminishment case added one more link in the chain of abrogation. In a 7 to 1 decision written by Justice Alito, the Supreme Court held that the fiduciary exception to the attorney-client privilege... Continue reading
Posted Jun 14, 2011 at swimmer Indian law blog
The Wisconsin Court of Appeals in the matter of Kroner v. Oneida Seven Generations Corporation, Appeal No. 2010AP2533 (June 1, 2011), upheld a transfer of jursidiction from a Wisconsin State Court to an Oneida Tribal Court. Kroner, the former CEO of a tribal corporation appealed his dismissal in the Wisconsin... Continue reading
Posted Jun 2, 2011 at swimmer Indian law blog
Courtesy of American Indian Report (http://www.americanindianreport.com) The Bureau of Indian Affairs has approved the United Keetoowah Band of Cherokees Indians trust application to place 76 acres of land near Tahlequah, Oklahoma. The Cherokees have bitterly contested the application since its original submission in 2004. The parcel has a community service... Continue reading
Posted Jun 2, 2011 at swimmer Indian law blog
WASHINGTON — The U.S. Environmental Protection Agency has established a National Tribal Toxics Committee (NTTC) to give Indian tribes greater input on issues related to chemical safety, toxic chemicals and pollution prevention. This effort will further empower tribal communities to protect their health and environment from the risks of toxic... Continue reading
Posted Jun 1, 2011 at swimmer Indian law blog
Property division issues that crop up in tribal court family law cases Continue reading
Posted Jun 1, 2011 at swimmer Indian law blog
Many tribal employment handbooks have reference to Title VII. Congress explicitly exempted Indian tribes from the definition of employers subject to Title VII requirement. See 42 U.S.C. Sec. 200oe(b). The problem is that attorney advising tribes have included these provision in tribal employment law and handbooks. Why is beyond me!... Continue reading
Posted May 27, 2011 at swimmer Indian law blog
HOW TO PRACTICE IN TRIBAL COURTS Tribal courts in many ways are similar to state and federal courts. But all differ in the procedures, requirements to practice, and law applied. Many tribal courts required judges and attorneys to have a law degree, but not necessarily be admitted to the state's... Continue reading
Posted May 27, 2011 at swimmer Indian law blog
A recent decision out of the Eastern District of California demonstrates why tribe must have their own court systems. In Timbisha Shoshone Tribe v. United States Department of Interior, the Timbisha Shoshone Tribe had, an all too common problem in Indian County, a dispute between two tribal-member factions seeking control... Continue reading
Posted May 18, 2011 at swimmer Indian law blog
April 12, 2011 12:10 p.m. |(17) Comments via www.jsonline.com Continue reading
Reblogged Apr 12, 2011 at swimmer Indian law blog
Scott Walker is signing the automobile insurance bill today. According to a story by Jason Stein of Milwaukee Journal Sentinel. "The bill roll back coverage minimums passed by the Democrat-controlled Legislature in 2009 but would still require motorist to have insurance coverage." In a move designed to protect the middle... Continue reading
Posted Apr 12, 2011 at swimmer Indian law blog
Today the United States Court of Appeals 10th Circuit issued a decision in the Brittany Jane Little Dove v. Sunny Ketchum et al. case on appeal from the United States District Court of the District of Utah (D.C.NO. 2:08-CV-00490-TS). This is an Indian Child Welfare Act act case interpreting the... Continue reading
Posted Apr 5, 2011 at swimmer Indian law blog